ASVMEB Order 19092 ADAM STAERKEL, CVT

BEFORE THE ARIZONA VETERINARY MEDICAL EXAMINING BOARD

IN THE MATTER OF: Case No.: 19-92
CONSENT AGREEMENT
FINDINGS OF FACT.
CONCLUSIONS OF LAW
AND ORDER

ADAM STAERKEL, CVT

Holder of Certificate No. V2018
In the State of Arizona,

Mt ee ee ee ee et

Respondent.

In the interest of a prompt and judicious settlement of the above captioned
matter before the Arizona State Veterinary Medical Examining Board (“Board”)
and consistent with the public interest, statutory requirements and
responsibilities of the Board, and pursuant to A.R.S. §32-2201 et. seq. and A.R.S.
§ 41-1092.07 (F)(5), the undersigned party, Adam Staerkel, CVT (“Respondent”),
holder of certificate No. V2018 in Arizona and the Board enter into this Consent
Agreement, Findings of Fact, Conclusion of Law and Order (“Consent

Agreement”) as final disposition of this matter.

CONSENT AGREEMENT
Respondent understands and agrees that:
1. The Board has jurisdiction over Respondent and the subject matter
pursuant to A.R.S. §32-2201, ef. seq.
2. Respondent has the right to consult with an attorney prior to entering
into this Consent Agreement. Respondent has a right to a public hearing

concerning this case. He further acknowledges that at such hearing he could

19-92, Adam Staerkel, CVT

present evidence and cross-examine witnesses. Respondent irrevocably waives
his right to such a hearing.

3. Respondent irrevocably waives any right to rehearing or review or to
any judicial review or any other appeal of these matters.

4. The Consent Agreement, once approved by the Board and signed by
the Respondent, shall constitute a public record, which may be disseminated
as a formal action of the Board. Sufficient evidence exists for the Board to make
the Findings of Fact and Conclusions of Law set forth in the Consent
Agreement.

5. Respondent acknowledges and understands that this Consent
Agreement will not become effective until the Board approves it and it is signed
by the Board's Executive Director. Respondent acknowledges and agrees that
upon signing and returning this Consent Agreement to the Board's Executive
Director, Respondent may not revoke his acceptance of the Consent
Agreement or make any modifications to the document, regardless of whether
the Consent Agreement has been issued by the Executive Director.

6. If any part of the Consent Agreement is later declared void or
otherwise unenforceable, the remainder of the Order in its entirety shall remain
in force and effect.

7. Respondent acknowledges that any violation of this Consent
Agreement constitutes unprofessional conduct pursuant to A.R.S. § 32-2249 (A)
(2) and may result in disciplinary action pursuant to A.R.S. § 32-2249 (A) (1).

8. This Consent Agreement and Order is effective on the date signed by

the Board.

19-92, Adam Staerkel, CVT

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DATED this_A& | “= day of eptember 2019.

wae faerkel, CVT

FINDINGS OF FACT |

1. The Board is the duly constituted authority for the regulation and control of
certificate veterinary technicians in the State of Arizona.

2. Respondent holds certificate No. V2018 in the State of Arizona.

3. On June 3, 2019, the Board received Respondent's request for
reinstatement of his certified veterinary technician certificate. Upon review of
the reinstatement application it was noted that two DUI charges (while residing
in Wisconsin) from 2006 and 2007 were disclosed. Upon review of Respondent's
original certified veterinary technician applications, these charges were not
previously reported as required. The original applications were received in 2015
and 2016.

4. At the June 19, 2019 Board meeting, the Board voted to reinstate

Respondent's veterinary technician certificate and open an investigation for

failure to disclose criminal charges on two certified veterinary technician

applications.

5. On June 24, 2019, a Letter of Inquiry was sent to Respondent giving him 15
days to respond fo the investigation.

6. On July 17, 2019, Respondent called the Board office stating he was

having difficulty getting the requested documents from the police

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department/court house but should be getting the information that day or the
next. He advised he would be emailing the documents and his response to the
Letter of Inquiry upon receipt of the information. Respondent was advised at
that time that the Board would review the matter on August 21, 2019.

7. On July 26, 2019, since a response had not been received from
Respondent, a message was left on his voicemail with a return phone number
and email address. No return call was received.

8. On July 29, 2019(4:450m), no response from Respondent regarding the
investigation; therefore, another call was placed and a voicemail was left
requesting Respondent to call back.

9. On July 30, 2019, Respondent emailed his response to the Letter of Inquiry
and police records for one of the two incidents. Respondent stated in his
narrative that he was only able to obtain records for the 2006 incident in the
timeframe allotted. Respondent took an additional 21 days to respond to the
investigation and did not request additional time, if needed, to obtain the
incident report from 2007.

10. In Respondent's narrative, he stated the reason why he did not report
the criminal charges on his applications may have been that he was rushing to
meet the deadline to submit the applications, as the application process was
more difficult for him than the actual State exam.

11. Respondent's application receipt dates and deadline dates were:

qd. Respondent's application received: 4/6/15
Deadline: 6/4/15

*Application was not completed and expired.

19-92, Adam Staerkel, CVT

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b. Respondent's second application received: 1/19/16
Deadline: 2/03/16

12. Respondent further stated that if is possible that he dismissed the
question on the applications regarding the charges since they happened long
ago and are irrelevant to him and who he is as a person today.

13. In an email to the Board, he stated he was given 30-days time served for
being enrolled in a residential treatment program during his court date in 2007.
Afterwards, he relocated to Arizona for continued mental health therapy,
which continues to benefit his life currently.

14. Respondent let his certificate lapse during the 2019 — 2020 renewal cycle.
His renewal application was returned to the Board office due to insufficient
address. On December 18, 2018, the renewal was emailed to him; no response
was received. The Board office did not receive Respondent's updated address

information until his reinstatement request was received June 3, 2019.

CONCLUSIONS OF LAW
15. The Findings of Fact constitute a violation of A.R.S. § 32-2249 (A) (2) (a)
for deception in obtaining certification.
16. The Findings of Fact constitute a violation of A.R.S. § 32-2249 (A) (2) (f) as
it relates to A.A.C. R3-11-107 (B) for failure to notify the Board within 20 days

after a change of residence.

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

ORDERED that Respondent, certificate No. V2018, be placed on PROBATION for

19-92, Adam Staerkel, CVT

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a period of one (1) year, subject to the following terms and conditions that shall
be completed within the Probationary period. These requirements include four
(4) hours of continuing education (CE) and a civil penalty as detailed below:

1. Based upon the foregoing Findings of Fact and Conclusions of Law, IT IS
ORDERED THAT Respondent shall provide written proof satisfactory to the Board
that he has completed four (4) hours of continuing education (CE) in addition
to the existing continuing education required to renew a_ certificate.
Respondent shall satisfy these four (4) hours by attending CE in the area of
ethics. Respondent shall submit written verification of attendance to the Board
for approval prior to the end of the Probationary period.

2. IT IS FURTHER ORDERED that Respondent pay a civil penalty of two
hundred and fifty dollars ($250.00), $125 per violation, in the form of a cashier's
check, certified check, or money order made payable to the Arizona
Veterinary Medical Examining Board on or before the end of the Probationary
period.

3. Respondent shall submit to the Board a written outline regarding how he
plans to satisfy the requirement in paragraph 1 for its approval within sixty (60)
days of the effective date of this Consent Agreement. All continuing education
to be completed for this Consent Agreement shall be pre-approved by the
Board. The outline shall include CE course details including, name, provider,
date(s), hours of CE to be earned, and a brief course summary.

4. Respondent shall obey all federal, state and local laws/rules governing
certificate holders in this state.

5. Respondent shall bear all costs of complying with this Consent

Agreement.

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6. This Consent Agreement is conclusive evidence of the matters described
and may be considered by the Board in determining an appropriate sanction
in the event a subsequent violation occurs. In the event Respondent violates
any term of this Consent Agreement, the Board may, after opportunity for
Informal Interview or Formal Hearing, take any other appropriate disciplinary
action authorized by law, including suspension or revocation of Respondent's
certificate.

ISSUED THIS //”” DAY OF Cede 2019.

FOR THE BOARD:
ARIZONA STATE VETERINARY MEDICAL EXAMINING BOARD

Jim Loughead, Chairperson

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By Se" irr ee oi ee
Victoria Whitmore, Executive Director

Original ot the foregoing filed
This _//*_ day of €244 2019 with:

Arizona State Veterinary Medical Examining Board
1740 W. Adams St, Ste. 4600
Phoenix, Arizona 85007

Copy of the foregoing mailed by Certified, return receipt mail
This _//” day of #et#e, , 2019 to:

Adam Staerkel, CVT
Adaress on file
Respondent

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By: f . WA esets

Board Staff

19-92, Adam Staerkel, CVT